A Study on Fast Track Courts (With reference to the availability of Speedy Justice in India)

Dissertation Synopsis Submitted to Noida International University Gautam Buddh Nagar, Uttar Pradesh

Supervisor Dr. Rama Sharma Singh HOD, SLSR LL.M. Noida International University Gautam Budhh Nagar, Uttar Pradesh 4th Semester Shivendra

A Study on Fast Track Courts (With reference to the availability of Speedy Justice in India) Introduction A novel experiment aimed at clearing the massive backlog in court cases has just begun in the country with the setting up of nearly 450 fast track courts in various states. At least one thousand more fast track courts will become functional by the end of June this year. They await the completion of construction of court rooms, selection of judges and provision of necessary infrastructure. A total of 1,734 such courts are being set up at the instance of the Government of India under a wholly centrally-funded scheme. The remaining around 300 such courts are expected to come into existence in the course of the current year. Fast track courts are meant to expeditiously clear the colossal scale of pendency in the district and subordinate courts under a time-bound programme. A laudable objective of the five-year experimental scheme is to take up on top priority basis sessions and other cases involving undertrials. These cases will be taken up in the first year itself. An estimated 1.80 lakh undertrials are languishing in various jails in the country. A majority of them are behind bars on account of petty or minor offences not warranting prolonged imprisonment. Yet many of them are under lock up in the absence of trial. The fast track courts are expected to substantially reduce the number of undertrials in jails at the end of the first year. A vast majority of them will be set free, thereby reducing expenditure as well as burden on jails. The State Governments are spending an aggregate of over Rs. 361 crore per annum on the imprisoned undertrials at the rate of Rs. 55 per head per day. Besides saving a bulk of this expenditure, the expeditious disposal of cases relating to undertrials will address a serious human rights problem. Under the governments action plan, the fast track courts will take up as their next priority sessions cases pending for two years or more, particularly in which the accused persons have been on bail. According to an official figure, the total number of cases pending in the nearly 13,000 district and subordinate courts in the country is a whopping 2.40 crore (latest estimate). Of these, over 50 lakh criminal and over 25 lakh civil cases are pending for a period ranging from one to three years. These are in addition to over 10 lakh pending sessions

cases. The others are more than three years old. The 21 High Courts account for over 34 lakh pending cases. Over sten per cent of these are more than ten years old. Keeping in view the overall grant of the Finance Commission, a sum of Rs. 29 lakh is earmarked for each additional court. The major portion of the amount is to be spent on salaries of judicial officers and other staff ( a peshkar or superintendent and a peon). This works out to Rs. 4.80 lakh per year or a total of Rs. 24 lakh in five yers. The remaining outlay is meant for the construction of court room (Rs. 3.4 lakh) and computer and library facilities (Rs. 1.60 lakh). The annual expenditure on the fast track courts will work out to Rs. 100 crore. The calculation is based on the assumption that while 1,450 fast track courts will become functional by June end most of the remaining will come up in the course of the current year. The States, which are lagging behind their targets, are being persuaded by the Centre to speed up the work A unique feature of the scheme is that it is going to prove to be cost effective. This is so because the new courts have been charged with the exclusive work of disposing of undertrial cases in the first year of their existence. A large majority of undertrials being those who had been booked for petty/minor offences, they are bound to be discharged forthwith as most of them have been behind bars for periods which are longer than the punishment warranted by the offence. In plain terms, this will mean a huge saving in jail expenditure. As stated earlier, the State Governments are spending an aggregate of Rs. 361 crore annually on the 1.80 lakh undertrials.

In this dissertation work on the topic, A study on Fast Track Courts with reference to the availability of Speedy Justice in India is to make an analysis on the speedy justice under the supervision of Fast Track Courts in India as well as the importance and necessity of Fast Track Courts in India Along with the study of different-different problems which are hindering the process of easy and proper availability of justice to the people in India Objectives of the Dissertation 1. The concept of fast track court to speed up the judiciary system gathered in 1999 around 1.743 court were set to take session cases pending for two years or more and the cases of under trials on priority. 2. Fast track court can lead to speedy justice.

3. In India , there are 11 judge per million as against the ratio of 60 judge. The government a should appoint more judge before setting up fast track court for speedy justice . 4. Fast track court are being hailed as they promise to deliver swift justice but the pressure to perform fast may also lead to a miscarriage of justice. 5. People have last faith in the judiciary system because of long delays in trials. 6. Speedy justice give people the hope that there is light on the other side of the tunnel. 7. Any matter that can be tried taking prima facie evidence should be heard in fast track court to reduce the pendency of litigation. 8. But other argue that giving some crime priority our other is a violation of citizens right to justice. 9. The fast track court were partially funded by the central government but in 2011 the funding of all fast track court stopped. More then 70 percent of the fast track court across the country were shut down as the states couldnt afford to run them. So fast track court should restart for the speedy justice and public believe in judiciary system.\\ Methodology and Tools Ill follow the doctrinal research methodology to complete my LL.M. dissertation. Hypothesis Availability of fast track court is possibilities related with availability of speedy justice Chapterisation 1. Introduction 2. Need of Fast Track Courts in India 3. Development of Fast Track Court in India 4. Relationship of fast track court with speedy justice.

5. Judicial view about the Constitution of Fast Track Courts in India 6. Current Position of FTC under the Law in India 7. Problem of delay in disposal of case. 8. Right to fair and speedy trail. 9. Easy access to justice. 10. Conclusion

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List of order. 1 juvenile justice board to give order to give in trying juvenile in fast track court. 2 Sexual offence ,government set up for speedy justice 5 January 2013 Jammu and Kashmir government. List of Website https://doj.gov.in www.indianexpress.com/news/delhi-fast-track-courts articles.timesofindia.indiatimes.com Collections Sexual Assault hcraj.nic.in/latest-updates.htm http://ibnlive.in.com/news/delhi-gangrapemurder-fasttrack-court-to-framecharges-against-five-accused-today/370294-3-244.html http://www.indianexpress.com/news/in-3-weeks-delhi-s-six-fast-track-courtsget-500-rape-cases/1065365 http://www.jammukashmir.com/archives/archives2013/kashmir20130105d.html http://www.greaterkashmir.com/news/2013/Jan/30/fast-track-court-announcesfirst-conviction-in-jk-64.asp http://www.dailypioneer.com/sunday-edition/others/landmark/125396-fasttrack-court-frames-charges-trial-from-tuesday.html http://in.news.yahoo.com/fast-track-court-start-delhi-gang-rape-trial070106547.html http://indiankanoon.org/search/?formInput=fast%20track%20court%20 http://www.legalindia.in/fast-track-court-scheme-extended-by-a-year